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Microchip Non-Exclusive Compiler License
Subject to the terms of this agreement, Microchip Technology Incorporated and its subsidiary, Microchip Technology (Barbados) II Incorporated, grant to Licensee a non-exclusive, worldwide license to use, but not modify, the accompanying compiler (“Software”) and any related documentation with Microchip 32-bit microcontroller products and the modified version of the Arduino™ IDE (the “Modified IDE”) created by Fair Use Building and Research Labs. This Software and the Modified IDE are not supported by Arduino LLC.
Notwithstanding the license grant above, Licensee acknowledges that certain components of the Software may be covered by so-called “open source” software licenses (“Open Source Components”). Open Source Components means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. To the extent required by the licenses covering Open Source Components, the terms of such license will apply in lieu of the terms of this agreement. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the restrictions in this agreement with respect to such Open Source Components, such restrictions will not apply to such Open Source Component.
Licensee agrees that the Software, related documentation and underlying inventions, algorithms, know-how and ideas relating to the Software and related documentation are proprietary information belonging to Microchip and its licensors (“Proprietary Information”). Except as expressly allowed herein, Licensee will hold in confidence and not use or disclose any Proprietary Information.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MICROCHIP OR ITS LICENSORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR EXPENSES INCLUDING INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY CLAIMS BY THIRD PARTIES (INCLUDING ANY DEFENSE THEREOF), OR OTHER SIMILAR COSTS. The aggregate and cumulative liability of Microchip and its licensors for damages hereunder will in no event exceed $1000 or the amount Licensee paid Microchip for the Software and documentation, whichever is greater. Licensee acknowledges that the foregoing limitations are reasonable and an essential part of this agreement.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF ARIZONA AND THE UNITED STATES WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. Licensee agrees that any disputes arising out of or related to this Agreement, Software or Documentation will be brought in the courts of the State of Arizona. If either the Microchip or Licensee employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
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